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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12092
Experience:  30 years as a practising solicitor.
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my estranged wife has forged my signature on a mortgage form

Customer Question

my estranged wife has forged my signature on a mortgage form to reduce the repayments down 2 years ago,just discoverd the forgery,what can i do about it
Submitted: 4 years ago.
Category: Scots Law
Expert:  JGM replied 4 years ago.
Thank you for your question.

You can report it to the police as a fraud. You may also have a civil claim against your wife if you have suffered a loss as a result of the fraud.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

to be honest i knew that,i have a photocopy of the original form and obviously its my signature thats been forged and my estranged wife has admitted to reduced the mortgage payments down from £500 to £101 a month for 2 years,it goes up to the full £500 again in december,shes left the matromonial home and ive been paying it at the lower rate.

how would i show a loss in a civil claim,and to report it to the police what do i do just walk into local police station with the photocopy?

whats the likely outcome if it is proved as fraud? does she get a fine or what?

could do with a bit more substance to the answer if im honest.

cheers ian

Expert:  JGM replied 4 years ago.
To report it to the police you do just go into a local police station and make a report. She could be prosecuted and receive a fine or be imprisoned. I don't have enough details to give you an additional answer on this as I don't know the whole circumstances nor indeed your estranged wife's circumstances, personal or financial. All of this would be put in front of a judge were there to be a prosecution, conviction and sentence.

Have you suffered a financial loss? Are you now having to pay more because of the reduced payments over the period, is the house less valuable or has less equity than you expected? Again I would need more information from you to see if you have actually sufferd loss here that you could sue for.

Customer: replied 4 years ago.

ok if you could let me know what more information you need i will provide you with them so as i can get an idea of what to do,iam going to suffer a loss soon as the mortgage payments go back up.

because its been intrest only for 2 years basically the mortgage amount has not come down for 2 years,leaving me a further 2 years to keep paying.

let me know.can i call you at an office?during the day time.

iam based in remote scottish highlands so its difficult to get to a solicitor.

cheers ian

Expert:  JGM replied 4 years ago.
But will you suffer a loss when the payments go back up as opposed to simply having had the benefits of low payments for a couple of years?

The only way you can show a loss would be based on the capital not having been reduced for two years. But as you were paying the mortgage you must have known about it and noticed that the payments were so low.

I doubt that you will be able to prove any loss other than the inconvenience of having an extra two years capital to pay but that would be offset by the last two years when you were only paying the interest.

I can't think of any other heads of claim you would have here. Please by all means have a think about it and let me know. You can only contact me though Just Answer. The site prohibits direct contact.
Customer: replied 4 years ago.

i wasnt responsible for the houshold payments my wife was,she had told me the mortgage was £500 a month,it was only after she left me and i rang the mortgage company to pay that i discoverd the reduced i wouldnt of noticed she was paying £400 a month less as she had full control of all the bank accounts,i trusted her and assumed she was paying the bills,this is just one of many debts shes left me with.

i will talk with santander about what the knock on effects are of the 2 year drop,then this will make it a bit clearer to see what damages if suffered.

Expert:  JGM replied 4 years ago.
Thank you for clarifying that. You have a claim against your wife for the £400 per month she has effectively stolen from you. This makes her fraud even more serious as it has results in a loss to you of £4800 per annum over two years. It may be worth intimating a claim to the bank on the basis that they accepted a forged form from your wife without checking the position directly with you.

The Financial Conduct Authority has tightened up the rules on this in recent times so it would be worth a try at least. If the bank had lost out because of a fraud you can be certain they would pursue you so there's no reason you shouldn't try this.
Expert:  JGM replied 4 years ago.
Can I assist you further here? The question has reappeared on my question list but the last narrative appears to be my last answer to you.